What Is Wrongful Death?
Wrongful Deaths in Texas
Losing a loved one in any type of accident is a tragic point in your life. While no show of responsibility or amount of money can bring your loved one back, Texas law does allow family members to bring a claim against the person who caused the death of your loved one.
Bringing a wrongful death claim is not a decision to make lightly. When you lose a loved one in any type of accident, you’re filled with emotions including frustration and anger. Directing that frustration into a wrongful death claim can help to provide your family with closure and help to ensure that the expenses associated with your loved one’s death are not your burden.
Common Accidents
The types of accidents leading to a death vary greatly. According to the Centers for Disease Control, unintentional injuries are the fourth leading cause of death in the United States.
Common accidents leading to a death include:
- Slip and fall
- Car accident
- Truck accident
- Medical malpractice
- Workplace injuries
While the cause of death will vary, the result is the same. You have suffered an enormous loss that no amount of money can fix.
Knowing When a Death Is Wrongful
In Texas, a death is wrongful when someone acted negligently or carelessly, and their actions, or lack thereof, resulted in a death. The most commonly used example of this is driving under the influence of drugs or alcohol.
When a person decides to get behind the wheel after a night of drinking, they are acting negligently and with careless disregard for the safety of other drivers. They owed other drivers a duty of care and breached that duty by deciding to drive drunk. When their actions result in a death, that is a wrongful death.
Whether your loved one’s death is the result of a drunk driver, workplace accident, medical malpractice, or any other type of negligence which resulted in their death, you deserve to speak with a seasoned San Antonio wrongful death lawyer who can help guide you through the complex wrongful death claims process.
Who Can File a Wrongful Death Claim
Suddenly losing a loved one is devastating. You may want to hold the negligent person accountable by filing a wrongful death claim. But Texas law specifically provides for only certain individuals who may file a wrongful death claim:
- A surviving spouse
- Surviving children
- Surviving parents
- The personal representative of the estate
If you fall into any of the above categories, you may file a wrongful death claim on behalf of your loved one. If you are the personal representative of the estate, you must wait for three months to allow any family to file a wrongful death claim. If they choose not to file, then you may do so on behalf of the estate. Any of the people listed above may also choose to file a wrongful death claim together.
There is also a statute of limitations you must be aware of to make sure your claim isn’t dismissed. Texas law allows for a wrongful death claim to be brought within two years after the date of death. This seems like a long time but when you think about what needs to happen—investigations, review of medical records, depositions, paperwork filings, settlement negotiations—two years can go by quickly. If you fail to file a wrongful death claim within two years, you lose out on the ability to hold the negligent party accountable for the death of your loved one.
No matter what, this is an emotional time and you should be focusing on your loved ones. Discussing your wrongful death claim with our experienced team in San Antonio can give you the peace of mind that your loved one’s wrongful death claim is being handled competently and quickly.
Damages to Claim
The value of a wrongful death claim depends on countless factors. Each claim we handle is unique. Some of the damages we will fight for include:
- Lost income
- Funeral expenses
- Final medical bills
- Lost support
- Emotional distress
If you did not cause the death of your loved one, you should not be on the hook for any of the costs associated with their death. Funeral expenses are immense these days and that should not be your responsibility. In addition, your loved one may have been in the prime of life and had years of earning potential left. That’s money your family will miss out on and should be part of your wrongful death claim. The best way to find out the full value and an accurate value of the wrongful death claim is to speak with a trusted wrongful death lawyer in San Antonio.
Contact a San Antonio Wrongful Death Attorney for More Information
Losing a loved one is an emotional time in your life. Losing a loved one as a result of a negligent act by another person is tragic and frustrating. No amount of money will bring your loved one back. But it can help you get closure and move forward. By making sure their final medical bills, funeral expenses, and other bills are paid, takes some stress off your shoulders allowing you to focus on your family during this difficult time.
